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Is this the thread where we remind everyone that Biden promised to deschedule cannabis and expunge cannabis related criminal records if elected?
this post was submitted on 30 Aug 2023
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politics
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The ~~executive branch~~ president doesn't have the authority to unilaterally deschedule it. I'm no Biden fan, but this is him working toward that promise. I do wish his moves were less political in nature, but maybe we can get a more unhinged dark Brandon if he gets reelected.
Edited for clarity.
What would you like from him? I see that he is very aggressively chasing public favor. "his moves were less political" - so there is something you'd like him to do that wouldn't be so popular?
By less political, I mean moves that are meant to not shake the boat, such as falling short of just outright stating that weed should be legalized.
Edit: misplaced not
Yes it does. The drug schedule is set by the FDA which is under the executive branch. The President cannot LEGALIZE it, that takes an act of Congress. But, the drug classification is completely in their power.
a substance can be placed in a CSA (Controlled Substances Act) schedule, moved to a different schedule, or removed from control under the CSA either by legislation or through an administrative rulemaking process overseen by the Drug Enforcement Administration (DEA) and based on criteria set out in the CSA. The CSA also directs the Attorney General (who has delegated CSA scheduling authority to DEA) to schedule substances as required to comply with the United States’ treaty obligations.
If the President sought to act in the area of controlled substances regulation, he would likely do so by executive order. However, the Supreme Court has held that the President has the power to issue an executive order only if authorized by “an act of Congress or . . . the Constitution itself.” The CSA does not provide a direct role for the President in the classification of controlled substances, nor does Article II of the Constitution grant the President power in this area (federal controlled substances law is an exercise of Congress’s power to regulate interstate commerce). Thus, it does not appear that the President could directly deschedule or reschedule marijuana by executive order.
Sauce: https://crsreports.congress.gov/product/pdf/LSB/LSB10655
the drug classification is completely in their power.
That would be nice, but it isn't how our government works.
True, but the DEA is also under the President, and it's head is picked by the President. It is the DEAs decision, but their boss has input. I know it's not simple, but there is incredibly strong influence.
Hence him pushing for rescheduling. At this point, you are just restating the point I was making in my original comment. Biden's doing what he has the power/influence to do to get marijuana legalized.
I'm glad they are finally doing something about climate anxiety.
Here I was worried about the collapse of the jet steam and this nice distraction came along.
It'll definitely help the anxiety part, but probably not the climate part unless it creates a bunch more hippies who actually want to do something about it.
I’ll believe it when I see it. The DEA ultimately gets to make the call. A change like this would probably mean they’d lose some funding, so I bet they’ll be against it. They’d also have to come up with new and creative ways to “legally” harass and incarcerate black people, though I imagine that might be a tempting prospect for them…
It wouldn’t stop any arrests, it basically only opens up the stock market for the companies.
Legalize it completely, you pussy. I swear... This guy sucks so hard. I voted for him, but what a waste to have him running in the first place as the democratic candidate.
He is objectively the most left pres we've had in decades. Big sweeping changes don't happen overnight. This is a step in the right direction. Get some perspective.
Also it means medical marijuana would be legal like other class 3 drugs
He had some of his white house staff fired over weed use, we're lucky someone finally talked some sense into him over cannabis reform.
"Someone" = internal pollsters who showed him that this would make him a lot more popular.
You know he has no authority to do that right? It takes a bill from Congress, which for some reason will not touch the issue. He's not a dictator, he can't wave a magical wand and declare it legal. The president (little p, it goes for any of them) gets too much blame (and credit) for these things. Like when everyone blamed him for gas prices like he goes to each gas station and sets the price...
So, you think voting for a Republican or not voting would get the job done to legalize marijuana? Lol.
Also, these things require congressional approval. And guess what...yup...Republicans are blocking.
Didn't we already do this song and dance a year or two back? None of this means anything if you won't take it off the controlled substance list.